Court No. - 19
Case :- WRIT - A No. - 23597 of 2018 Petitioner :- Vijay Kumar Sharma And 2 Others Respondent :- Rajesh Kumar Sharma And 8 Others Counsel for Petitioner :- Anil Kumar Sharma,Kapil Kumar Hon'ble Manoj Kumar Gupta,J.
The instant writ petition is directed against judgement of the Prescribed Authority dated 15.3.2018 passed in proceedings under Section 21 (1) (a) of U.P. Act No.13 of 1972, whereby the release application filed by the respondents was allowed and the judgement dated 17.10.2018 passed by the Appellate Authority dismissing the appeal filed under Section 22 of the Act. The courts below have recorded concurrent findings to the effect that the need of the respondent landlords is bonafide and genuine and they would suffer greater hardship.
On 1.11.2018, when the instant matter was argued before a Coordinate Bench, the following order was passed:-
"Learned counsel for the petitioners after some argument prayed that some time be given to the petitioners to vacate the premises in question. He prayed that time of about a year be provided.
Learned counsel may, therefore, serve the respondents by Dasti. Dasti notices be provided by the office. They would indicate that the case shall now be taken up on 26.11.2018. In addition thereto the petitioners may also serve the respondents by regular mode of service.
List on 26.11.2018.
Till the next date of listing the petitioners shall not be evicted."
In pursuance of the steps taken by the petitioners to serve the respondents, Sri Atul Dayal has entered appearance on behalf of respondent landlords. He has no objection in case the petition is dismissed and one year time is granted to the petitioners to vacate.
Sri A.K. Sharma, counsel for the petitioners also submitted that since there are concurrent findings of fact, which he is unable to assail, therefore, the writ petition be dismissed, but one year time be granted to the petitioners to vacate.
Accordingly, the writ petition is dismissed. However, the petitioners would be entitled to one year time to vacate subject to the following conditions:-
(a) The petitioners would file an undertaking alongwith an affidavit of one of the petitioners before the Prescribed Authority within two weeks from today that they will hand over vacant possession of the demised premises to the respondents at the expiry of one year from today.
(b) The petitioners shall pay rent at the admitted rate to the respondents. Sri Atul Dayal undertakes to inform in writing the bank account number of the landlord in whose account rent at the rate of Rs.50/- would be deposited and in which event, the petitioners would deposit the rent for entire one year in advance in the said account, within three weeks.
(c) The petitioners would not induct any third person in the demised premises.
(d) In case of default in furnishing undertaking within the time stipulated above or in case of breach of any of the conditions of the said undertaking, the protection given herein would stand vacated and it shall be open to the respondent landlords to execute the release order and obtain possession in accordance with law, apart from taking recourse to other legal remedies, as may be advised.
(Manoj Kumar Gupta, J) Order Date :- 26.11.2018 SL